Free West Virginia Eviction Notice Template

A West Virginia eviction notice is a written document landlords must give tenants before filing for eviction. It explains why the tenant must move out, gives them time to fix the problem if applicable, and follows West Virginia Code §§ 55-3, 55-3A, 55-4.

West Virginia law requires landlords to choose the correct notice based on the reason for eviction:

• Notice to Pay Rent or Quit (WV Code § 55-3A-1): Used when tenants fail to pay rent. Landlords may give notice once they follow the court process. 
• 30-Day Lease Termination Notice (WV Code § 37-6-5): Used to end a month-to-month or other periodic tenancy of less than one year. The statute provides that such a tenancy may be terminated “by like notice, or by notice for one full period before the end of any period.” In practice, this means at least one month’s written notice is required to end a month-to-month tenancy, unless the parties have agreed otherwise.

To create a valid eviction notice in West Virginia:

• Select the correct notice type for your situation
• Include landlord and tenant names plus the rental property address
• State the reason for eviction if required by law
• Add the legal notice period for payment, compliance, or move-out
• Sign and date the document before serving it

Under West Virginia law, landlords can serve eviction notices by:

• Hand-delivering the notice to the tenant
• Mailing it via certified or registered mail
• Posting it at the rental property if personal service isn’t possible

Always keep proof of service for the court case.

If the tenant doesn’t comply within the required time:

1. File a Petition for Summary Relief at the local Magistrate Court.
2. The court issues a Summons and schedules a hearing.
3. If the landlord wins, request a Writ of Possession so the sheriff can remove the tenant if necessary.

• Petition for Summary Relief: Starts the eviction case in court
• Answer Form: Tenants use this form to respond to the eviction lawsuit
• Writ of Possession: Authorizes law enforcement to remove the tenant after a court judgment